Amina Omar Munye & another v Ali Eymoy Abdi [2016] KEHC 673 (KLR)

Facts

There is a pending civil suit in the Senior Resident Magistrate's Court at Moyale involving Amina Omar Munye, Mohamed Nur Munye, and Ali Eymoy Abdi. The High Court at Malindi ruled that Magistrates' Courts do not have jurisdiction to determine land matters and that the same can only be adequately determined in the Environment and Land Court.

Issues

1. Transfer of Suit
2. Stay of Proceedings

Reasoning

The application is dismissed as the High Court at Malindi has ruled that Magistrates' Courts do not have jurisdiction to determine land matters and that the same can only be adequately determined in the Environment and Land Court. The judgment in the appeal against the Malindi Petition No 3 of 2016 has been directed that all land cases remain in the Magistrates' Courts until the appeal is heard and determined.

Outcome

Application dismissed

Authorities cited